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Usage Policy
1. These terms and conditions apply to all Maxo Telecommunications services (the "Service"). You must read and understand this agreement (the "Agreement") before using the service in whole or in part. In this agreement, "We" or "Us" or "Maxo Telecommunications" relates to Maxo Telecommunications Pty Ltd or their agents and "You" or "Customer" relates to the person, person(s) or organisation receiving the Service. Also, acknowledge that these terms and conditions may vary from time to time. Please check back these conditions regularly, as use of this service constitues your acceptance of these terms and conditions.
2. You acknowledge that although we will take all reasonable steps to make sure you receive the voice service within the local calling areas, the voice service is not free from faults or interruptions. Certain factors, such as network congestion, maintenance, technical capabilities, geographic factors, obstructions or interference may mean you will not receive the voice service at certain times.
3. When using this service, you will ensure that you and others comply at all times with all laws and obligations, regulations, codes or determinations or any other requirements of any government or statutory authority, including licence conditions, applicable to the services and their use. Failure to comply with any licence , permit or authorisation relating to the connection of equipment to the Service Delivery Point or use of the services may result in immediate termination of the agreement. In addition, you must not transmit, distribute or otherwise publish on the Service any libelous, defamatory, abusive material or material that could give rise to civil or criminal proceedings. If this occurs, Maxo Telecommunications will not be held liable for any charges incurred by these proceedings.
4. The contents of the Service, including, but not limited to text, photographs, graphics, video and audio content (the "Content") is protected by copyright as a collective work or compilation under the copyright laws of Australia and other countries, and owned or controlled by Maxo Telecommunications, their affiliates or the party credited as the provider of the Content. All individual articles, content and other elements comprising the Content are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. Without limiting the generality of the foregoing, the Maxo Telecommunications service may not be resold or otherwise resupplied by any account holder to any other person or entity without Maxo Telecommunications' prior written consent.
5. Fees and charges applicable to your service will commence from the date of connection to Maxo Telecommunications. For post-paid customers, we will email an invoice to you no less frequently than monthly, and you
must pay these fees and charges by the invoice due date. All fees and charges will be billed to your nominated credit/charge card. If you cancel your credit/charge card authority, or if you do not pay your invoice by
the invoice due date, Maxo Telecommunications will charge a fifteen dollar late fee. Charges for archive or hardcopy invoices may apply. Maxo Telecommunications can decide that you have a credit limit. If so, we will
tell you what that credit limit is. If you exceed the credit limit, we may suspend the service until you pay all call charges owing on your account. Finally, we may ask you to pay a deposit for some or all of the service charges in advance, in order to receive or continue receiving your service. You are still required to pay us your monthly charges by the invoice due date.
6. Our pre-paid services are designed to prevent account balances being debited past 0. Due to the resource intensive nature of per-second call checking, you may end up with a debit balance. If you have a debit balance (illustrated with a negative sign), it must be re-paid to Maxo Telecommunications within 30 days of your balance going into debit, otherwise Maxo Telecommunications may choose to retrieve these funds using the appropriate legal channels.
7. If you have authorised payments by credit card, debit authority or other similar methods, then payments shall be drawn against your authority when due without further notice to you unless you terminate the payment method by 14 days written notice to Maxo Telecommunications. Disconnection to the Service will occur in the event that your authorized payment method is refused or dishonoured by your nominated financial institution.
8. Your term begins when you are first connected to Maxo Telecommunications and continues for the period of time until you disconnect. Should your details change at any time, you must notify us immediately. If you want to discontinue your connection, you must give us notice by telephoning the Maxo Telecommunications billing department and requesting a disconnection. The Service will be disconnected within 7 days of receipt. Maxo Telecommunications may suspend, restrict or disconnect the service under varying circumstances. A final invoice will be issued after disconnection and you must pay all fees and charges you incurred using the service, up to the date of disconnection.
9. Maxo Telecommunicaions' records are prima face evidence of the Customers use of the service and the charges payable. Maxo Telecommunications allows customers to connect to the service using their own device. Maxo Telecommunications only charges for answered calls and ceases to charge when the call is terminated by the caller. Timed calls are calculated using the total network time used for each call. The Customer agrees that any calls from the Maxo Telecommunications account supplied to the Customer are deemed to be authorized by the Customer and the Customer will pay all charges accordingly. International calls are charged in 30 second increments, Mobile timed calls are charged in one second increments. There is a minimum charge of 1 cent on all timed calls.
10. Maxo Telecommunications may provide Customers and Resellers with access to the Maxo Telecommunications billing (or "reseller") software. This software may provide figures detailing total call costs and individual call details. Where the software is provided, it is provided as a guide only and records should be kept by the Customer to check that the total provided is correct. The software should serve only as a tool for verifying the Customers own records.
11. All Customers are assigned a unique Maxo Telecommunications identification username and password. The Customer should keep confidential all passwords the Customer is given in connection with the service. The Customer acknowledges that Maxo Telecommunications will disclose any information in connection with the customers accounts to any person who correctly quotes the Customers password.
12. Maxo Telecommunications' DIDs are direct in dial numbers owned by Maxo Telecommunications which are connected to our server in Sydney via iVox Communications and their TDM circuits around Australia. Maxo Telecommunications' incoming DID service gives you exclusive use of one or more of these numbers, so that any calls to the number will be automatically directed to your Maxo Telecommunications phone. You can further divert this call to any other fixed or mobile phone. You can have as many DIDs directed to your service as you like, from as many cities as you like. Maxo Telecommunications DIDs always remain the property of Maxo Telecommunications and the use of these DIDs is a service offered by Maxo Telecommunications. You cannot port a Maxo Telecommunications owned DID to another provider, unless a written request is made to transfer the ownership of the DID to the customer. Maxo Telecommunications may transfer ownership of a DID to the customer at a cost of $20 per single DID or $100 per 100-number block of DIDs. Customer-owned direct in dial numbers are then portable to other Telstra or Optus.
13. Customers may port their own number to Maxo Telecommunications from Optus or Telstra. This ported DID will continue to belong to the customer, and not Maxo Telecommunications. This DID can be ported to another Telecommunications provider by the customer without notice to Maxo Telecommunications.
14. Maxo Telecommunications offers a supplementary phone service only. The phone service provided is supplementary to your existing landline or mobile phone service. As such, you are required to own an active landline or mobile with a Telecommunications provider in Australia at all times. Emergency calls should be dialed on your landline or mobile phone only, because Voice over IP by nature is not fault-free as mentioned above (2.). Maxo Telecommunications may contact you on your mobile or landline periodically to ensure that your details are up to date. When calling Emergency Services (000) from a Maxo Telecommunications phone your location details may not be automatically transmitted to the operator. When calling 000 using a VoIP phone service, the operator must verify your location details with you.
15. If, in Maxo Telecommunications' opinion, you breach any of the terms and conditions of this Agreement, we may suspend, terminate or limit your access to the Service and terminate this Agreement effective immediately. The termination of the Service shall not preclude Maxo Telecommunications from exercising any other rights Maxo Telecommunications may have against you under this Agreement.
16. These terms plus the terms of the chosen Service(s) constitute the entire Agreement between the Customer and Maxo Telecommunications in relation to Service(s). Any condition, warranty, representation or other term which might otherwise be implied into or incorporated into these terms and conditions, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded. Neither party shall have any remedy in respect of any untrue statement made to it upon which it relied in entering into this Agreement (unless such untrue statement was made fraudulently) and each party's only remedy shall be for breach of contract as provided in this Agreement.
15. These terms and conditions are governed by the laws and regulations of the state of Queensland.
Refund Policy
For pre-paid accounts, in normal circumstances the customer's account
balance will not go into a debit balance below 0.00. (See Delivery
of Service for situations where this might occur). A pre-paid
balance can be refunded to the customer on request.
If the customer wishes to discontinue the service and has a credit
balance at the time of cancellation, we will refund the remaining balance
of the customer's account back onto their credit card (We can also refund
by Direct Deposit by request). The customer may cancel their service
at any time by calling support.
Plan purchases are non-refundable, as all services associated with
a particular plan are activated at the time of purchase.
Usually a refund from the account credit balance to the customer (via
credit card or direct deposit) is only available when closing an account
- but if the customer has accidentally added more funds to their account
than they had intended, a refund will be made if the customer contacts
support.
Privacy Policy
We are committed to safeguarding the privacy of our website visitors;
this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your visits to and use of this website;
(b) information about any transactions carried out between you and
us on or in relation to this website, including information relating
to any purchases you make of our goods or services;
(c) information that you provide to us for the purpose of registering
with us and/or subscribing to our website services and/or email notifications.
(2) Information about website visits
We may collect information about your computer and your visits to this
website such as your IP address, geographical location, browser type,
referral source, length of visit and number of page views. We may use
this information in the administration of this website, to improve the
website's usability, and for marketing purposes.
We use cookies on this website. A cookie is a text file sent by a web
server to a web browser, and stored by the browser. The text file is
then sent back to the server each time the browser requests a page from
the server. This enables the web server to identify and track the web
browser.
We may send a cookie which may be stored on by your browser on your
computer's hard drive. We may use the information we obtain from the
cookie in the administration of this website, to improve the website's
usability and for marketing purposes. We may also use that information
to recognise your computer when you visit our website, and to personalise
our website for you.
Most browsers allow you to refuse to accept cookies. (For example,
in Internet Explorer you can refuse all cookie by clicking "Tools",
"Internet Options", "Privacy", and selecting "Block
all cookies" using the sliding selector.) This will, however, have
a negative impact upon the usability of many websites, including this
one.
(3) Using your personal data
Personal data submitted on this website will be used for the purposes
specified in this privacy policy or in relevant parts of the website.
In addition to the uses identified elsewhere in this privacy policy,
we may use your personal information to:
(a) improve your browsing experience by personalising the website;
We will not without your express consent provide your personal information
to any third parties for the purpose of direct marketing.
(4) Other disclosures
In addition to the disclosures reasonably necessary for the purposes
identified elsewhere in this privacy policy, we may disclose information
about you:
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including
providing information to others for the purposes of fraud prevention
and reducing credit risk); and
(d) to the purchaser or seller (or prospective purchaser or seller)
of any business or asset which we are (or are contemplating) selling
or purchasing.
Except as provided in this privacy policy, we will not provide your
information to third parties.
(5) Security of your personal data
We will take reasonable precautions to prevent the loss, misuse or
alteration of your personal information. Of course, data transmission
over the internet is inherently insecure, and we cannot guarantee the
security of data sent over the internet.
We will store all of the personal information you provide on our secure
servers. All electronic transactions you make to or receive from us
will be encrypted using SSL technology.
You are responsible for keeping your password confidential. We will
ask for your password before we can make changes to your account.
(6) Policy amendments
We may update this privacy policy from time-to-time by posting a new
version on our website. You should check this page occasionally to ensure
you are happy with any changes.
We may also notify you of changes to our privacy policy be email.
(7) Your rights
You may instruct us to provide you with any personal information we
hold about you. Provision of such information may be subject to the
payment of a fee (currently fixed at $10.00).
(8) Third party websites
The website contains links to other websites. We are not responsible
for the privacy policies of third party websites.
(9) Contact
If you have any questions about this privacy policy or our treatment
of your personal data, contact us.
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